Affirmative Action Forms

System

I learned at a seminar that it is not required to keep Affirmative Action Information Forms if we are not an affirmative action employer. We currently have that as part of our application but would like to eliminate it if we don't need it. We have no particular reason to be an affirmative action employer that I know of, however the information forms that we have used in the past state that we are. Can we simply remove this from our application and throw away all the forms we have collected in the past? Also, would this apply to the Invitation to Veterans and/or Disabled forms? Thanks!

Don D

If you are not required by Executive Order 11246 or its successors to keep such information, then you should not keep it. And yes, it can be removed from the application process if you are not required to gather that information. In fact, keeping such questions on the application or tied to the application process without being actually required to do that may in itself invite challenges that you will not want to deal with. I would not throw the past data away, however. Box it and keep it the same length of time you keep your applications on no-hires. If you were under an affirmative action program and gathered the data for that reason, you may be required to retain it for a certain period of time. The 'Cheat Sheet' I have on record retention indicates that the Vietnam Era Readjustment Act requirements are met once you have reported annually to the EEOC on form VETS-101 and retained the information for a year.

System

Thanks Don! I really appreciate the info. I'm unsure of your answer about the Veterans and/or Disabled forms. Are you saying that we need to keep them as part of our application? Are all employers required to do this?

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 04-05-02 AT 01:58PM (CST)[/font][p]No. Unless you are covered by the requirements of Executive Order 11246, The Federal Contractor Job Program, you are not required to manage all this data on Vietnam era veterans and disabled applicants. And you may well be if you provide supplies or services under federal contracts or are a first tier subcontractor providing supplies or services to one who does have such a contract. For reference, you can get a 5 x 8 copy of Title 41, Part 60 CFR, by calling US DOL, Employment Standards Administration, Office of Federal Contract Compliance Programs. This booklet contains the precise federal regs on the program. I don't know a toll free, but their direct is 202-219-8743. Or you can call the Department of Labor, Employment Standards office, located generally in cities that are state capitols. The number will be found in your phone book. This is a 200 page, very small print, booklet that cites everything you are required to do under the Federal Contractor or Subcontractor Affirmative Action Plans and related requirements. There may be some links on this website to some checklists or laundry lists of program requirements as well.

System

Again, THANKS!!! You've given me a lot of useful information. I really appreciate having this forum and all the participants as a resource!